IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4039 OF 2019 BETWEEN HUSSAIN SHARIFF S/O MOHAMMED SHARIFF AGED ABOT 28 YEARS R/A NO.886, HAKEEM’S HOUSE 3RD CROSS, OPP: SOFIA SCHOOL VINOBHA NAGARA, K.G. HALLI BENGALURU – 560 045.
(BY SRI. SYED SALMAN, ADVOCATE FOR SRI ANEES ALI KHAN- ADVOCATE) AND STATE BY K.G. HALLI P.S. BANGALORE – 560 045 REPRESENTED BY:
THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE – 560 001.
... PETITIONER …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 582/2017 (C.C.NO. 50686/2018) OF KADUGONDANA HALLI P.S., BENGALURU CITY FOR THE OFFENCE P/U/Ss. 143, 147, 148, 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A2) and the learned HCGP appearing for the respondent-State. Perused the records.
2. The petitioner is arraigned as Accused No.2 in SC No.472/2018 (Crime No. 582/2017 of K.G. Halli P.S. & CC No. 50686/2018 ) pending on the file of the 4th Additional City Civil and Sessions Judge, Bengaluru (CCH.65) for the offence punishable under Sections 143, 147, 148, 302 r/w. 149 IPC.
3. The allegations as could be seen from the charge sheet are that, the accused persons formed themselves into an unlawful assembly on 19.10.2017 at about 9.30 p.m and assaulted a person by name Syed Yusuf with deadly weapons and caused severe injuries to him, as a result of which, he succumbed to injuries. It is seen from the records that, Accused Nos. 3, 4 & 5 who were also said to have assaulted the deceased, have already been released on bail by this Court in Crl.P. Nos.2311/2019 and 9395/2018 vide order dated 10.06.2019, (a copy of which are produced before this court for reference), wherein this Court has observed that, the complainant has turned hostile to the prosecution during the course of evidence and CWs. 7 & 9 have also not supported the case of the prosecution; and it is also stated that, the entire case revolves around the evidence of CW.2, who turned hostile to the prosecution. On the basis of the said ground and also considering the allegations in the charge sheet, this court has released the Accused Nos.3, 4 & 5 on bail. Therefore, in my opinion, on the ground of parity, this petitioner is also entitled to be enlarged on bail. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner (A2) shall be released on bail in connection with SC No.472/2018 ( Crime No. 582/2017 of K.G. Halli P.S. & CC No.50686/2018) for the aforesaid offences, now pending on the file of 4th Additional City Civil and Sessions Judge, subject to the following conditions:-
i) The petitioner (A2) shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the concerned trial Court.
ii) The petitioner (A2) shall not tamper the evidence collected by the Investigating Officer.
iii) The petitioner (A2) shall not directly or indirectly threaten the witnesses.
iv) The petitioner (A2) shall regularly appear before he court for trial, without fail.
v) The petitioner (A2) shall not get involved in any other criminal case/s. In case, if any such complaint is registered against him, the bail granted in this case stands cancelled automatically.
Sd/-
JUDGE KGR*